Published tribunal order
Tenancy Tribunal case 5092548 — 14-day notice at 70A Manuroa Road, Takanini, Takanini 2112
Decided 12 Dec 2024 · Published 12 Dec 2024 · Application 5092548
Landlord favoured
- 14-day notice
- Water Rates
Order
- The tenancy of James Jury Waenga at 70A Manuroa Road, Takanini, Takanini 2112 is terminated, and possession is granted to We Care Rentals Limited as Agent for Harpreet Kaur Dhaliwal, at midnight on Thursday 12 December 2024
- The Bond Centre is to pay the bond of $673.70 (3460541-009) to We Care Rentals Limited as Agent for Harpreet Kaur Dhaliwal immediately.
Reasons
- The landlord attended the hearing today. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The Tribunal understood from emails received that the tenants would be attending the hearing, but they did not.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate (see section 56(1) of the Residential Tenancies Act 1986 (the Act)). Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days.
- The tenant breached their obligations by damaging the property and not paying the water charges. There is a quote dated 29 October 2024 for $1,092.50 for repairs to fix and patch holes in the walls and to repair an internal door. The landlord says there has been further damage since the quote, but there have been difficulties gaining access.
- The landlord served a 14-day notice on 18 November 2024, but it failed to specify the nature of the breach and I doubt whether the notice complied with the Act. Nonetheless, the Tribunal can terminate a tenancy where the tenant has caused substantial damage to the premises (section 55(1)(b)). I consider that damages of $1,000.00 could be considered substantial.
- In this case, it is also relevant that the tenant said in emails that they were unable to afford the water arrears and had not been able to obtain funding for the repairs. In an email on 1 December 2024, they said they would leave on 11 December 2024.
- For these reasons, I consider it is appropriate to make an order terminating the tenancy. The landlord provided invoices which prove the amount owing for water charges to 31 October 2024. A further invoice has been received for the period to 6 December 2024, but this is not past due yet. The bond has been applied to the water charges as requested by the landlord. Filing fee
- The landlord’s application has been successful. I award the filing fee.